U.S. Supreme Court rejects Texas Dems’ request to expand mail-in ballot access amid COVID
The U.S. Supreme Court rejected the Texas Democratic Party’s request Friday to greatly expand vote-by-mail eligibility ahead of the July runoff elections as the novel coronavirus spreads.
Justice Samuel Alito, who handles federal cases that come out of Texas, issued the court’s denial. Last week, the party asked that the court immediately lift a stay issued by the U.S. 5th Circuit Court of Appeals. That stay blocked U.S. District Judge Fred Biery’s order that would have allowed eligible Texas voters, regardless of age, to qualify for a mail-in ballot to avoid contracting COVID-19.
The U.S. Supreme Court’s denial means that access to mail-in ballots will not be expanded ahead of the July 14 runoff elections — for which early voting begins Monday.
In order to qualify to vote by mail under Texas law, voters must submit an application and be 65 or older, disabled, out of the county on Election Day and during in-person early voting, or confined in jail.
Attorney General Ken Paxton, who has argued expanding access to mail-in ballots would lead to increased voter fraud, celebrated the denial Friday.
“I applaud the Supreme Court for following the law and refusing to order mail-in balloting that the Texas Legislature has forbidden,” Paxton said in a statement. “State election officials have many options available to safely and securely hold elections without risking widespread fraud.”
Paxton has argued that while a person ill with COVID-19 would qualify for a mail-in ballot, a fear of contracting the virus would not meet the state’s eligibility requirements. And he has warned local officials that they could be subject to criminal sanctions if they advise voters who normally aren’t eligible to apply for mail-in ballots.
“We are disappointed that the Supreme Court did not weigh in now and provide needed relief and clarity for voters ahead of the primary runoff,” Texas Democratic Party Chair Gilberto Hinojosa said in a statement Friday.
Democrats are still holding out hope. The party also asked the U.S. Supreme Court to hear the case in the fall on the merits of the claim that Texas’ vote-by-mail restrictions violate provisions of the 26th Amendment — which prohibits age from being used as the basis to deny someone the right to vote. If the 5th Circuit Court’s stay is upheld, the party asked the court to take up the case on an expedited basis.
Justice Sonia Sotomayor commented that she agrees with the court’s denial at this time, and noted that the request raises “weighty but seemingly novel questions regarding the Twenty-Sixth Amendment.”
“But I hope that the Court of Appeals will consider the merits of the legal issues in this case well in advance of the November election,” Sotomayor said.
Back-and-forth rulings have led to multiple starts and stops on mail-in ballot expansion in Texas amid the pandemic. Civil rights groups and voters suing the state have raised concerns over Texans risking their health by visiting polling places while the virus spreads, and have filed a slew of legal challenges in both state and federal courts seeking to loosen Texas’ vote-by-mail laws and restrictions.
Election officials have encouraged voters to take advantage of an extended early voting period and cast their ballot early. Early voting begins Monday and lasts through July 10.
For those who qualify, applications for a mail-in ballot must be received by the Tarrant County Elections Department by July 2.
This story was originally published June 26, 2020 at 4:23 PM.
